6 CRR-NY 362-1.3NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER IV. QUALITY SERVICES
SUBCHAPTER B. SOLID WASTES
PART 362. COMBUSTION, THERMAL TREATMENT, TRANSFER, AND COLLECTION FACILITIES
SUBPART 362-1. COMBUSTION FACILITIES AND THERMAL TREATMENT FACILITIES
6 CRR-NY 362-1.3
6 CRR-NY 362-1.3
362-1.3 Registered facilities.
Unless otherwise exempt, facilities of the following types are subject to the registration provision of section 360.15 of this Title. Each facility identified in this section must obtain a registration from the department and comply with Part 360 of this Title and the following operational requirements:
(a) a facility that combusts or thermally treats waste tires, where:
(1) the process feedrate does not exceed ten tons per day;
(2) the amount of waste tires stored at the facility does not exceed 100 tons at any time;
(3) waste tires are stored in an enclosed building, enclosed trailers, or other enclosed portable containers;
(4) sufficient water is available on-site to provide moisture to the piles or douse fires;
(5) documentation is available at the facility that demonstrates that storage configuration and fire prevention and protection systems comply with State and local building and fire codes; and
(6) the facility maintains financial assurance in an amount sufficient to cover the costs of closure of the facility in compliance with sections 360.21 and 360.22 of this Title;
(b) a facility that combusts or thermally treats uncontaminated, unadulterated wood, where:
(1) the process feedrate does not exceed 1,400 tons per day;
(2) the amount of uncontaminated, unadulterated wood stored at the facility does not exceed 8,400 tons at any time;
(3) material does not remain on-site unprocessed for more than 12 months;
(4) all piles of material that contain unprocessed material or material that has gone through a primary rough grind (4 to 6 inch pieces) do not exceed 25 feet high and 30 feet wide at the base and piles are triangular in cross section. Primary grind material is not stored for more than 180 days;
(5) for all piles of material that contain only unprocessed material or material that has gone through a primary rough grind (4 to 6 inch pieces) the temperature in the piles is monitored in any areas that appear to be vents, areas of fungal growth, or any other areas that appear to be heating rapidly. Probing is done cautiously to avoid introducing air into a hot spot and causing a flash fire. If the temperature is above 140° F or a portion of the pile shows an increasing trend in temperature, the affected material is immediately broken down and cooled;
(6) all piles of material, both unprocessed and processed, are separated by at least 10 feet;
(7) piles of processed wood are restacked as necessary to avoid temperatures above 140° F, piles, other than those for double or finely ground wood, are restacked at least once every 180 days;
(8) restacking of piles occurs when winds are blowing away from sensitive receptors;
(9) piles of processed material are piled loosely and not compacted in any manner;
(10) if a fire occurs, the affected portion of the pile is dismantled and watered to douse the fire or managed in a manner recommended by a local fire department;
(11) standing water on the storage area is minimized;
(12) the following buffer areas from processing and storage are followed:
200 feet to a potable water well or surface water body;
25 feet to a property line;
200 feet to a residence;
(c) a facility that combusts or thermally treats used cooking oil or yellow grease, where:
(1) the process feedrate does not exceed 1,000 gallons per day;
(2) on-site storage of used cooking oil and yellow grease does not exceed 500,000 gallons;
(3) a secondary containment system is in place for all storage of unprocessed and processed used cooking oil and yellow grease. The secondary containment system must be at least 110 percent of the volume of the largest tank or the total volume of all interconnected tanks, whichever is greater. All storage devices must have an overfill prevention system;
(4) documentation is available at the facility that fire prevention and protection systems comply with State and local building and fire codes; and
(5) the facility maintains and follows an operation and maintenance plan that includes at a minimum:
(i) procedures to ensure that no unauthorized waste, including brown grease, is received at the facility or, if received, is removed for appropriate treatment and disposal within five days of receipt, unless otherwise authorized by the department in writing;
(ii) inventory procedures to ensure that no unprocessed oil or grease is stored at the facility for more than 30 days, no processed oil or grease is stored longer than 12 months, and no residue is stored longer than 7 days;
(iii) monthly vector inspection and appropriate mitigation;
(iv) procedures for spill prevention and for appropriate management of spills that may occur; and
(v) procedures for the appropriate disposition of wastewater and any waste generated by processing;
(d) a facility that stores, prior to combustion, an alternative fuel authorized by the department pursuant to 6 NYCRR Part 212 or 227, where the alternative fuel is stored in an enclosed building, enclosed trailers, or other enclosed portable containers.
6 CRR-NY 362-1.3
Current through April 30, 2021
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